Privacy Policy

Updated July 11, 2018.

General

This “Privacy Policy” describes our policies, and your choices, regarding the collection, use, and disclosure of certain information about you, including your Personal Information (as defined below), by Shout! Factory, LLC (and its related and affiliated entities) (hereafter collectively referred to as “we”, “us”, and “Shout”). The purpose of this Privacy Policy is to inform you:

(1) What Personal Information we may collect from you when you visit Shout Sites and/or use Shout Services;

(2) How we use, process and protect such Personal Information; and

(3) The rights, protections and choices you have regarding our use of, and your ability to review, correct and remove Personal Information.

Acceptance of Privacy Policy

By visiting or browsing the Shout Sites (as defined below), as well as the use of Shout services, including but not limited to those offered through our websites, emails, and applications (collectively, the “Shout Service” or “Shout Services”), you are accepting and actively consenting to the practices described in this Privacy Policy. You are free to choose not to provide certain Personal Information, but then you might not be able to take full advantage of many Shout Site and Shout Service features, including account creation, if applicable.

“Shout Sites” refer to any website domain name registered to Shout, including, but not limited to:

Personal Information We Collect

For the purposes of this Privacy Policy, the phrases “personally identifiable information”, “personal information” or “personal data” (hereinafter referred to a “Personal Information”) mean contact information and any other non-public information that is used or intended to be used to personally identify an individual, and any other non-public information that is associated with that information, such as your name, address, telephone number, etc.

We may collect and store Personal Information about you in connection with your use of the Shout Service, including any Personal Information you transmit to or through a Shout Site. We receive and store any data you enter on the Shout Service or provide to us in any other way, including but not limited to signing up for an account, making a purchase on a Shout Site, using the Shout Service directly or through one of Shout’s third-party providers, signing up to our marketing email mailing list, any communication with our customer service, or participating in our surveys, contests, sweepstakes and promotions. Even when we do not retain certain Personal Information, it may be transmitted to our servers initially and stored long enough to process such Personal Information. Some examples of Personal Information we collect are:

Personal Information Provided By You

As mentioned above, any information you volunteer for the purpose of using a Shout Site or using a Shout Service can be collected, including:

(1) Required account set up details such as your name, email address, address or postal code, telephone number, password, birth date, payment authorization and any other information necessary to complete and record purchases and other transactions, as applicable;

(3) Your activity on a Shout Service, such as title selections, watch history, order history, search queries and schedules of use or information otherwise provided to us through a Shout Service or elsewhere, if applicable; and

(4) Communication data such as your interactions with our email, details of your interactions with customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings.

Automatic/Anonymous Data

Some of the above data is collected and logged by us automatically and anonymously (“Anonymous Information”), in order to make a Shout Site and the Shout Service more useful to you. Here are some other examples of Anonymous Information we collect which is not directly provided by you:

(1) Data Collected by Shout Servers: Shout’s servers (which may be hosted by a third-party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (every device has a unique number, or IP Address, that is automatically assigned to your device when you use the Internet, which may change between sessions of use), your domain name, the date and time stamp of your visit, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, and clickstream data. We use this information to recognize and analyze trends, administer Shout Services, track our users’ movement throughout Shout Services, compile demographic information about our overall user base, and adapt Shout Services to our users’ needs.

(2) Cookies, web beacons, and advertising identifiers: Like most sites, Shout’s Services may use what are known as “cookies” in certain instances, or similar technology such as web beacons, and advertising identifiers, which may use small text files to store a randomly assigned ID and a website reference ID to make your device recognizable to Shout. This technology is generally not used to store Personal Information. Cookies and other similar technology, as they now exist or develop, are used by Shout to help remind us of our users’ identities and tailor Shout Services to reflect our users’ personal interests, estimate our audience size, process user orders, facilitate and track user involvement in any of our contests, sweepstakes and other promotions, and analyze the visiting patterns of our users.

(3) Device Information: If you use a Shout Service via a computer, phone, tablet or any other electronic device application or “App”, Shout may choose to collect Personal Information about the device you use to access the App, including your device’s hardware model, the name and version of your operating system, your MAC address, the unique ID of your device, and what mobile network you are using. Please note that Shout has no control over what Personal Information your device’s platform operator, such as Apple and Google, collects and uses. We suggest in addition to this document, you review your platform operator’s privacy policies to gain a better understanding of their own standards and practices regarding Personal Information.

(4) Advertiser Collected Data: Shout may use third-party websites and advertising networks and companies including, without limitation, social media sites including Facebook (“Ad Companies”) to display ads for or on Shout Services. Shout collects information from these advertising services as set forth herein and the privacy policies of such Ad Companies. Such information may include but not be limited to: your use of a Shout Service, your IP address, your ISP, as well as the browser you used to visit a Shout Site or the device you used to engage with a Shout Service. The Ad Companies and third-party websites use cookies and other technology to track data about you, both on and off of the Shout Sites. The information is collected by Shout for analysis and visiting patterns, and may also be used, should a visitor to a Shout Site become a user, to deliver targeted advertising based on your interests. Shout is not responsible for the Ad Companies’ or other third-party sites’ collection, protection or use of your Personal Information. We suggest that, prior to using such third-party sites, you review their privacy policies to learn about their use of your information, as well as their implementation of cookies and similar technologies. If you would like more information about the practice of placing cookies on your device and to learn more about your choices regarding not having this information used by Shout or any other third-party companies, please visit http://www.aboutads.info/choices.

Note Regarding Statistical Data/Sensitive Data

Shout may ask for certain statistical data from you (including age, education and socioeconomic status) while performing surveys which will be purely voluntary and always subject to your express consent. All such information will be collected anonymously by Shout for marketing demographic knowledge only. At no point will Shout ask for or process personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data relating to criminal convictions or data concerning a user’s sex life or sexual orientation.

How We Use Personal Information

We use your Personal Information in lawful, relevant, legitimate, ways to provide a wide variety of services at your request and better your experience with Shout Sites. Specifically, we might use your Personal Information for the following purposes, among others:

(1) Performing general services and functionality, such as creating an account for you, enabling you to subscribe to a Shout Service, managing our email suppression lists, processing your payments, confirming and tracking your order, subscription or registration, analyzing trends and statistics, providing updates and support where needed, administering prize draws and competitions which you choose to enter – including publishing the names of winners, if required, and tailoring the features, performance and support of our services to you (and your personalized recommendations);

(2) Determining your geographic location and demographic information, providing localized content, providing you with customized and personalized viewing recommendations for programming we think is compatible with your interests, determining your Internet service provider, and helping us quickly and efficiently respond to inquiries and requests;

(3) Communicating with you concerning our service (for example by email, online messaging channels and other methods), so that we can send you news about Shout Services, updates about new Shout Service features and/or content, contests, sweepstakes, special offers, promotional announcements and consumer surveys, and assisting you with operational requests such as password reset requests. Please see the “EDITING, CORRECTING AND DELETING PERSONAL INFORMATION” section of this Privacy Policy to learn how to set or change your communications preferences;

(4) Providing technical support and sending service messages (for example, to let you know if a new version of one of our Apps is available, or if there will be any maintenance carried out on a Shout Service) and responding to your requests, resolving disputes and/or troubleshooting problems;

(5) Enforcing our rights and terms of service and prevent, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms (this may include preventing copyright infringement, protecting our customers against abuse, determining free trial eligibility and any number of important actions);

(6) Marketing our products and services (and those of third parties) to you that we believe may be of interest to you based on your browsing and viewing behavior and other demographic information we hold about you. This may also involve sending marketing materials to you, including content recommendations and special offers in accordance with your chosen marketing preferences/choices;

(7) Analyzing your use of a Shout Service, including user interface experiences, to help us to understand how the services are used, analyze and understand our audience, optimize content selection, recommendation algorithms and delivery, thereby improving the Shout Service for everyone. This may include inviting you to participate in surveys, user testing and panels;

(8) To serve you better, we may combine Personal Information you give us online via various Shout Sites and Shout Services. We use that combined Personal Information to enhance and personalize your experience with us, and to communicate with you about our products and events that may be of interest to you.

(9) In certain instances, we may disclose your Personal Information when we have reason to believe that it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Shout or to others. Shout may also disclose your Personal Information when we believe the law requires it, as further described in the Necessary Disclosures section below.

(10) We may also use your Personal Information to aggregate or anonymize certain information that we collect from you to create Anonymous Information records by excluding information that makes the information personally identifiable to you. We reserve the right to use Anonymous Information for any purpose, including but not limited to: (i) analyzing reviews and consumption behavior to improve our ratings; (ii) tracking logins to personalize your experience (including by tailoring content to you); and (iii) enhancing the Shout Sites or Shout Services and the content of our software.

We will mainly communicate with you via email. You can easily manage the frequency (or opt out completely) of receiving such communication by clicking the “unsubscribe” link at the bottom of any emails we send. Please note that we may send you important Shout Service-related communication (including information relating to your account, transactional communications, or substantive issues that may affect your experience with our services), even if you have unsubscribed to marketing communications.

How We Disclose Personal Information

Personal Information as supplied by you to Shout will not be disclosed outside of Shout except as described below and elsewhere in this Privacy Policy. All of the below Affiliates and third-party partners are contractually obligated to follow at all times the current and applicable practices of data protection as set forth by the law and maintain the standards set forth in this Privacy Policy.

(1) Third-party Service Providers. We may share your Personal Information with our third-party service providers that help us provide a Shout Service we offer, such as third-party websites that offer a Shout Service as part of a “bundling” within their own services and third-party companies that help us process payments for goods and services. Please note that while a Shout Service may be made available for purchase/subscription via third-party websites and the information you provide to them in order to make such transactions will be made available to them (as well as Shout) for the purposes of facilitating such transaction, any third-party websites are party to their own rules and regulations regarding acquisition, usage and protection of personal information. Please visit that third-party site’s privacy policy for more information.

(2) Third Party Tracking Services: Shout allows third-party tracking services such as Google Analytics to monitor Shout Sites and Shout Services which may involve the collection of Personal Information. If such Personal Information is tracked by third-party services, the information will be anonymous and for statistical and analytics purposes only unless further agreed upon by you. See our Advertiser Collected Data section above.

(3) Affiliates: Since most of our functions requiring Personal Information (including marketing and technical support) are handled in-house throughout various departments in our company, we may share some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”) in order to best operate the Shout Sites and Shout Services and cater and market them to you according to your interests and feedback. If we acquire additional Affiliates in the future, we will require our Affiliates to honor this Privacy Policy.

(4) Corporate Restructuring: In the occurrence of (or negotiation of) a merger, financing deal, sale, dissolution, transfer, divestiture, or disclosure of some or all of our assets, we may share some or all of your Personal Information as is legally or contractually obligated, or as required by virtue of such Personal Information becoming transferred as a business asset in the event of insolvency, bankruptcy, or receivership. If any of the above were to occur, and our company, business and/or assets are acquired by a third party, such third party will assume all right and responsibility to your Personal Information as set forth in this Privacy Policy.

(5) Necessary Disclosures. Please be advised that, regardless of the choices you make regarding your Personal Information, Shout may be required to disclose such Personal Information as necessary to comply with any current or future state, federal or international laws and regulations, to cooperate with a legal investigation(s), subpoena(s) or warrants served on Shout, to defend our rights, property (including copyright) or our users (including you) and to investigate or assist in preventing any violation of the state, federal or international law (potential or actual), Shout’s Privacy Policy, or Shout’s Terms of Use.

Note Regarding Social Networking

Shout does not share your Personal Information with any social networking service or “SNS” (e.g., Facebook or Twitter). You may voluntarily contribute information, feedback and commentary to an SNS. However, if you choose to share information or post content to these sites regarding a Shout Site or a Shout Service, you are solely responsible for your use of those websites. It will be your responsibility to follow the terms of use of such third-party website and review their privacy policy. We cannot and will not in any way be responsible for any activity that occurs on such SNS, including your own activity or use of such website.

Note Regarding Links To Third-Party Sites

Further to the SNS note above, a Shout Site may contain links to web sites operated and maintained by third parties. In addition, such third-party sites may reference, advertise, or link to a Shout Site. Shout has no control over these third-party web sites. Privacy policies on such linked sites may be different from our Privacy Policy. Shout does not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of non-Shout Sites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisement. You access such linked sites at your own risk. You should always read the privacy policy of a linked site before disclosing any Personal Information on such site.

Where We Store Personal Information

Your Personal Information will be stored in the United States. By visiting or browsing the Shout Sites and using the Shout Services, and by providing your Personal Information to Shout, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to the collection, storage, and processing of such information in the United States and the terms of this Privacy Policy.

Editing, Correcting And Deleting Personal Information

You can request access to your Personal Information, or correct inaccurate Personal Information by contacting info@shoutfactory.com

Shout will keep your Personal Information for as long as you use a Shout Service or visit a Shout Site and for an amount of time after you have stopped using the Shout Service or visiting a Shout Site for administrative and analysis purposes only. Notwithstanding the foregoing, Shout will immediately delete any personally identifiable Personal Information if you specifically request its immediate deletion at the time you stop using the Shout Service by contacting info@shoutfactory.com; provided that, Shout may reject requests that are unreasonable or not required by law, including those that could require disproportionate technical effort, would be extremely impractical, could expose Shout to operational risks such as free trial fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce the Shout Terms of Use, and take other actions otherwise permitted by law. Notwithstanding the forgoing, Shout may keep an anonymized form of your Personal Information for a longer period, but such data cannot in any way be connected to you. Shout’s payment partners will keep certain payment information for as long as required by law.

Please remember that if you delete certain Personal Information you may not be able to continue to use Shout Services or access certain pages of a Shout Site without entering additional information.

Your Choices

You have the following choices regarding how Shout and third parties use certain Personal Information collected from or about you:

(1) Elect Not to Provide Personal Information. You may always choose not to provide Personal Information, even though it might be needed to make engage or subscribe to Shout Services, as applicable, or to take advantage of Shout Site features.

(2) Email. If you no longer want to receive certain communications from us via email simply click the “unsubscribe” link in the email.

(3) Interest-Based Ads. If you are using a browser or a mobile device, tablet, or streaming media device, then cookies, web beacons, and advertising identifiers can be used to collect information to help determine your likely interests via interest-based ads. You can set the preferences of your browser to inform you when cookies or web beacons are sent, which will provide you with an opportunity to either accept or deny them. Please review your browser settings and instructions (generally via a “Help” or “Settings” tab) to gain a better understanding of how to track and manage cookies. Note, however, that some of Shout Service operations and Shout Site pages and may not function properly if you choose to block certain cookies. To opt out of interest-based ads from Shout in connection with an advertising identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under “privacy” or “ads” in your device’s settings). Note that changing any of these settings does not prevent the display of certain advertisements to you that are not interest-based.

(4) Additional Choices for California Residents. We do not disclose your Personal Information to third parties for the purpose of directly marketing their goods or services to you (as compared to when the third party is acting on our behalf or you have provided your personal information as part of a co-promotion by Shout and the third party) unless you first agree to such disclosure. If you are a California resident, you may be entitled to request certain information regarding our disclosure, if any, of Personal Information (such as your name and contact information) to third parties who wish to contact you or send you promotional information about their products and services directly. If you are a California resident and would like to request a copy of information regarding our disclosure to third parties for their direct marketing purposes in the preceding calendar year, please contact us at info@shoutfactory.com.

Protecting Children

Shout Services as well as Shout Sites are intended for general audiences and are not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at info@shoutfactory.com. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the web.

Security

We use commercially reasonable encryption and authentication tools to protect the security of your personal information that you share with us. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from a Shout Site, and you do so at your own risk. We urge you to keep your password in a safe place and not to divulge it to anyone. Also remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe. Please refer to the U.S. Federal Trade Commission’s website for information on how to protect yourself from identity theft. Should Shout experience a data breach involving your Personal Information, we will notify you of such breach (to the best of our ability based on your communication preferences).

Personal Information about our customers is an important part of our business, and we are not in the business of selling it to others. Except as specifically set forth herein, we will never sell your Personal Information to any third-party under any circumstances without warning you in advance, changing this Privacy Policy, and giving you the option to approve or deny such settings.

Consent For Residents Of Minnesota, New York, Or Tennessee

If you are a resident of Minnesota, New York, or Tennessee, the following is in addition to your general consent above. By agreeing to this Privacy Policy, you are effectively “signing” the consent in the corresponding state notices below:

Minnesota:

This videotape service provider (videotape seller) from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented or purchased by video customers. The videotape service provider (videotape seller) may not include your name, address, or the description or subject matter of any material rented or purchased in these lists without your written consent. This election may be changed by you, in writing, at any time.

I do not object to the release of my name, address, or the description or subject matter of the material rented or purchased.

I consent and agree.

New York:

This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.

I do not object to the release of my name, address or the description or subject matter of the material rented.

I consent and agree.

Tennessee:

This video tape service provider from time to time provides to marketers of goods and services, the names and addresses of customers and a description or subject matter of materials rented by video customers. You have the right to elect not to have your name, address or the description or subject matter of any material rented included in such description or subject matter of any material rented included in such lists. This election may be changed by you, in writing, at any time.

I consent and agree.

Governing Law; Resolution Of Disputes By Binding Arbitration

This Privacy Policy and all disputes arising hereunder or relating hereto or with respect to any Shout Service shall be governed by the laws of the State of California without regard to conflicts of laws principles. You and we agree that all questions, disputes, controversies or claims between us shall be submitted to binding arbitration in accordance with the terms of the Federal Arbitration Act. YOU HEREBY WAIVE YOUR RIGHT TO A COURT OR JURY TRIAL. This agreement to arbitrate applies to, but is not limited to, all disputes regarding the construction or application of this Agreement, all claims arising under federal, state, or local statutory or common law, including, without limitation, claims of breach of promise[s], breach of contract or breach of the covenant of good faith and fair dealing, tort claims, sexual harassment claims and any and all other claims of illegality or breach of any right which you might hold against us, under this Agreement or otherwise.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its rules and procedures. The arbitration shall take place in Los Angeles, California before a single neutral arbitrator from the panel of AAA. The Rules of Evidence of the State of California, including the rules relating to hearsay, will apply to the arbitration. The arbitrator shall issue a written decision and award including the essential findings and conclusions on which the award is based. The opinion and award will decide all issues submitted and shall be final and binding to the fullest extent permitted by law and will be enforceable by any court having jurisdiction. To the extent allowed by California law, the arbitrator shall be required to follow all applicable substantive law. The arbitrator shall grant any legally meritorious motion for summary judgment presented by any party. The prevailing party shall have its arbitration fees, attorneys’ fees, expert fees, consulting fees, and all other associated and related costs paid for by the other party and the arbitrator’s opinion and order shall so state. The arbitrator shall be permitted to award those remedies, in law or equity, which are requested by the parties and which the arbitrator determines to be supported by credible and relevant evidence presented. The party who prevails in any arbitration may seek to have the arbitrator’s award confirmed as a judgment in any court of competent jurisdiction. The arbitration shall be private and confidential. As a material inducement to Shout to provide the Shout Services to you, you hereby waive, to the fullest extent permitted by law, the right to institute, prosecute or join any class action case against Shout, even if the rules of the AAA would otherwise allow for such. Accordingly, the arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.

Policy Updates

Shout has the right to update this Privacy Policy at any time. You should check this Privacy Policy each time you provide Personal Information to us. The date of the most recent revision will appear at the top of this page. All changes to this Privacy Policy will go into effect on the date posted at the top of the Privacy Policy. The new policy will apply to all current and past users of the Shout Sites and Shout Services and will replace any prior policies which are inconsistent. Your continued use of a Shout Site or Shout Services after the posting will constitute acceptance of, and agreement to be bound by, those changes. Additionally, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Shout Site, of any information about you contained in the applicable Shout database, if Shout or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of Shout ‘s or such Shout company’s assets related to the applicable site or service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Shout Site or Sites or any Service signifies your agreement to be bound by the Privacy Policy and other terms and conditions (if any) of the Shout Site’s or Service’s subsequent owner or operator.

Shout’s Data Protection Officer (Feedback/Contact Us)

For questions specifically concerning this Privacy Policy, to help us improve our Privacy Policy, or to express any questions, concerns or complaints regarding Shout’s collection and use of your Personal Information please contact us at info@shoutfactory.com. Alternatively, you may write to us at the following address: